Case details

Court: kywd
Docket #: 3:09-cv-00653
Case Name: Brown v. Butler et al
PACER case #: 70717
Date filed: 2009-08-27
Date terminated: 2010-04-09
Assigned to: Chief Judge Joseph H. McKinley, Jr
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Percy Dwayne Brown
Plaintiff
 
Percy Dwayne Brown
Lousiville Metro Department of Corrections
400 S. 6th Street
Louisville, KY 40202
PRO SE
Sgt. Denny Butler
Defendant
Kriston Downs
Defendant
Mitchell Blum
Defendant
Erin White
Defendant
R. David Stengel
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-08-27 1 0 COMPLAINT filed under 42:1983 against Denny Butler, Kriston Downs, Mitchell Blum, Erin White, R. David Stengel, filed by Percy Dwayne Brown. (Attachments: # 1 Summons, # 2 Letter to Clerk's Office) (PRM) (Entered: 08/28/2009)
2009-08-27 2 0 Case Assignment (Random Selection): Case Assigned to Joseph H. McKinley, Jr.. (PRM) (Entered: 08/28/2009)
2009-08-27 3 0 MOTION for Leave to Proceed in forma pauperis by Plaintiff Percy Dwayne Brown. Responses due by 9/14/2009 (PRM) (Entered: 08/28/2009)
2009-08-27 4 0 Prisoner Trust Fund Account Statement re 3 MOTION for Leave to Proceed in forma pauperis filed by Percy Dwayne Brown. (PRM) (Entered: 08/28/2009)
2009-11-30 5 0 ORDER FOR PAYMENT OF INMATE FILING FEE Signed by Judge Joseph H. McKinley, Jr. (EBOC) on 11/25/09; GRANTING 3 Motion for Leave to Proceed in forma pauperis. Plaintiff is required to pay filing fee; Bullitt County Jail to collect filing fee from prison trust account; Clerk of Court is directed to open account for receipt of filing fee payment.cc:Plaintiff, pro se, Finance, Bullitt County Jail, Attn: Inmate Accounts (SC) (Entered: 11/30/2009)
2009-12-07 6 0 Mail Returned as Undeliverable/Return To Sender-Inmate Not Here. Mail sent to Percy Dwayne Brown. (SC) (Entered: 12/08/2009)
2009-12-17 7 0 MOTION for Order for Payment of Inmate filing fee by Plaintiff Percy Dwayne Brown; Responses due by 1/11/2010 (JBM) (Entered: 12/17/2009)
2009-12-30 8 0 MOTION Ordering Payment of Inmate Filing Fee filed by Plaintiff Percy Dwayne Brown. Responses due by 1/25/2010. (AEP) (Entered: 12/30/2009)
2009-12-30 9 0 NOTICE of Change of Mailing Address by Percy Dwayne Brown to 5009 Rex Lane, Louisville, KY, 40218. (SC) (Entered: 01/04/2010)
2010-04-07 10 0 CONSOLIDATION ORDER by Judge Joseph H. McKinley, Jr on 4/6/2010. Lead case will be civil action 3:09cv-P653-M. Civil Action No. 5:09cv-P180-M is administratively DISMISSED. Pleadings filed in the dismissed action to be incorporated by reference as part of the lead case, and the dismissed case file shall be made part of the lead case file. Clerk of Court shall attach to Plaintiff's Complaint in the lead action: DN 1 of 5:09cv-P180-M. All future pleadings filed regarding this matter shall bear civil action number 3:09cv-P653-M.cc: Plaintiff, pro se (RLK) (Entered: 04/07/2010)
2010-04-09 11 0 ORDER signed by Judge Joseph H. McKinley, Jr on 4/8/2010. Court has already granted Plaintiff leave to proceed without prepayment of fees and directed the Bullitt County Jail to collect the filing fee in installments 5 . Order was returned undeliverable. Plaintiff has informed the Court he is now housed at the Fulton County Detention Center. Court will enter a separate Order instructing the Fulton County Detention Center to collect the filing fee in installments. Wherefore, Plaintiff's Motions to Proceed Without Prepayment of Fees 7 & 8 are DENIED as moot. cc: Plaintiff, pro se; Defendants; Jeff. Co. Atty. (RLK) (Entered: 04/09/2010)
2010-04-09 12 0 MEMORANDUM AND OPINION signed by Judge Joseph H. McKinley, Jr on 4/8/2010. For the reasons set forth, action will be dismissed. Court will enter a separate Order.cc: Plaintiff, pro se; Defendants; Jeff. Co. Atty. (RLK) (Entered: 04/09/2010)
2010-04-09 13 0 ORDER signed by Judge Joseph H. McKinley, Jr on 4/8/2010. For the reasons set forth in the Memorandum Opinion 12 , Plaintiff's federal official-capacity claims against Defendants Butler, Downs, and Blum and all claims against Defendants White and Stengel are DISMISSED with prejudice for failure to state a claim. Plaintiff's individual-capacity claims against Defendants Butler, Downs, and Blum and the state-law claims are DISMISSED without prejudice. This is a final Order. Court certifies that an appeal in forma pauperis would not be taken in good faith.cc: Plaintiff, pro se; Defendants; Jeff. Co. Atty. (RLK) (Entered: 04/09/2010)
2010-04-13 14 0 ORDER FOR PAYMENT OF INMATE FILING FEE by Judge Joseph H. McKinley, Jr. on 4/13/10; Directing Monthly Payments be made from Prison Account of Percy D. Browncc:counsel, Plaintiff (pro se), Finance, FCDC (JBM) (Entered: 04/13/2010)
2010-04-19 15 0 Letter from Fulton County Detention Center stating that Percy Brown is no longer incarcerated. (JBM) (Entered: 04/20/2010)
2010-04-21 16 0 Mail Returned as Undeliverable. Mail sent to Percy Brown re: 14 (JBM) (Entered: 04/21/2010)
2010-04-21 17 0 NOTICE OF APPEAL as to 13 Order Dismissing Case by Percy Dwayne Brown. (JBM) (Entered: 04/21/2010)
2010-04-21 18 0 NOTICE of Deficiency re 17 Notice of Appeal : Appeal filing fee not paid. Failure to comply will be brought to the attention of the Court. Response due by 5/24/2010. (Sent to plaintiff at address listed on Notice of Appeal. Address updated in system on this date) (JBM) (Entered: 04/21/2010)
2010-07-06 19 0 ORDER by Judge Joseph H. McKinley, Jr on 07/06/2010 that plaintiff must pay $350.00 filing fee or file application to proceed IFP within 30 days; clerk to send plaintiff non-prisoner application to proceed without prepayment of fees.cc:plaintiff (CSD) (Entered: 07/06/2010)
2010-07-28 20 0 MOTION To Enter Order Instructing Louisville Metro Corrections to Collect Filing Fee. Filed by Plaintiff Percy Dwayne Brown; Responses due by 8/23/2010 (JBM) (Entered: 07/30/2010)
2010-08-25 21 0 ORDER granting 20 Motion for Louisville Metro to be instructed to collect Filing Fee. Louisville Metro shall collect the $350 filing fee from Plaintiff's trust account. Payments shall be made payable to the Clerk, US District Court. Signed by Judge Joseph H. McKinley, Jr on 8/24/10. cc:counsel, Plaintiff (pro se), LMDC- Inmate Accounts (JBM) (Entered: 08/25/2010)
2011-03-30 22 0 ORDER of USCA as to 17 Notice of Appeal filed by Percy Dwayne Brown: ORDER filed dismissing Appeal for want of prosecution. (JBMS) (Entered: 03/30/2011)